Section 1452 - Congressional declaration of policyThe Congress finds and declares that it is the national policy-
(1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations;(2) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development, which programs should at least provide for-(A) the protection of natural resources, including wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone,(B) the management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands.1(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,(D) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable, of new commercial and industrial developments in or adjacent to areas where such development already exists,(E) public access to the coasts for recreation purposes,(F) assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features,(G) the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources,(H) continued consultation and coordination with, and the giving of adequate consideration to the views of, affected Federal agencies,(I) the giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management decisionmaking,(J) assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agencies and State and wildlife agencies, and(K) the study and development, in any case in which the Secretary considers it to be appropriate, of plans for addressing the adverse effects upon the coastal zone of land subsidence and of sea level rise; and(3) to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved predictability in governmental decisionmaking;(4) to encourage the participation and cooperation of the public, state and local governments, and interstate and other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the purposes of this chapter;(5) to encourage coordination and cooperation with and among the appropriate Federal, State, and local agencies, and international organizations where appropriate, in collection, analysis, synthesis, and dissemination of coastal management information, research results, and technical assistance, to support State and Federal regulation of land use practices affecting the coastal and ocean resources of the United States; and(6) to respond to changing circumstances affecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses potentially affecting the coastal zone.1So in original. The period probably should be a comma.
Pub. L. 89-454, title III, §303, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1281; amended Pub. L. 96-464, §3, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101-508, title VI, §6203(b), Nov. 5, 1990, 104 Stat. 1388-301; Pub. L. 102-587, title II, §2205(b)(2), Nov. 4, 1992, 106 Stat. 5050.EDITORIAL NOTES
AMENDMENTS1992-Par. (2). Pub. L. 102-587 made technical amendment to directory language of Pub. L. 101-508, §6203(b)(1). See 1990 Amendment note below. 1990-Par. (2). Pub. L. 101-508, §6203(b)(1), as amended by Pub. L. 102-587 substituted "as well as the needs for compatible" for "as well as to needs for".Par. (2)(B). Pub. L. 101-508, §6203(b)(2), substituted "likely to be affected by or vulnerable to sea level rise, land subsidence," for "of subsidence".Par. (2)(C) to (J). Pub. L. 101-508, §6203(b)(3), redesignated subpars. (C) to (I) as (D) to (J), respectively, and added subpar. (C).Par. (2)(K). Pub. L. 101-508, §6203(b)(4), added subpar. (K). Par. (3). Pub. L. 101-508, §6203(b)(5), inserted "including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes," after "hazardous areas,". Pars. (5), (6). Pub. L. 101-508, §6203(b)(6), added pars. (5) and (6). 1980- Pub. L. 96-464 in amending section generally, expanded declaration of policy to provide for higher level of protection for significant natural coastal resources and inserted provisions for special area management planning to increase predictability for necessary coastal-dependent economic growth, improve hazard mitigation, and improve predictability in government decisionmaking.
- Secretary
- The term "Secretary" means the Secretary of Commerce.
- coastal waters
- The term "coastal waters" means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.
- coastal zone
- The term "coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ( 43 U.S.C. 1301 et seq.), the Act of March 2, 1917 ( 48 U.S.C. 749 ) [ 48 U.S.C. 731 et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [ 48 U.S.C. 1801 et seq.], or section 1 of the Act of November 20, 1963 ( 48 U.S.C. 1705 ), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents.
- land use
- The term "land use" means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section 1456(g) of this title.
- local government
- The term "local government" means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.